Jersey Judgment

Bennett v Lincoln [2005] JLR 125 (16 March 2005)

Partnership Law Partnership Creation Consensus Ad Idem Profit Sharing Lawful Business

Citation: [2005] JLR 125
Status: Judgment
Jurisdiction: Jersey
Posture: Civil / Judgment

More details

Posture: Civil / Judgment

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Professional case brief

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Source document

Holding and result

A partnership is only created when there is consensus ad idem and all four elements—contribution, common benefit, profit sharing, and lawful business—are present.

Court disposition

judgment delivered

Material facts

Parties

Bennett

Applicant

Lincoln

Respondent

Procedural history

Posture

Civil / Judgment

Questions and positions

Legal issues

What are the essential elements required to create a partnership?

Party arguments

Applicant: The applicant contends that a partnership was created based on mutual contributions, common benefit, profit sharing, and lawful business.
Respondent: The respondent disputes the existence of a partnership, challenging the presence of consensus ad idem and the required elements.

Court’s reasoning

Legal principles

01
[2005] JLR 125

Consensus ad idem is essential for partnership creation, requiring (a) each party to contribute, (b) arrangement for common benefit, (c) sharing of proposed profit, and (d) business to be lawful and profit honest.

Ratio, limits and disposition

Ratio decidendi

A partnership is only created when there is consensus ad idem and all four elements—contribution, common benefit, profit sharing, and lawful business—are present.

Court disposition

judgment delivered

Source and reliance status

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Judgment text

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Judgment

[2005] JLR 125

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